# The Social Security (Paternity and Adoption Amendment) Regulations (Northern Ireland) 2002, Regulation 2: Amendment of the Income Support Regulations

Extent: N.I.

(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 2(1) (interpretation)–
(a) before the definition of “attendance allowance” there shall be inserted the following definition–
““adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights (Northern Ireland) Order 1996;”;
(b) after the definition of “partner” there shall be inserted the following definition–
““paternity leave” means a period of absence from work on leave by virtue of Article 112A of 112B of the Employment Rights (Northern Ireland) Order 1996;”.
(3) In regulation 5(3A) (persons treated as engaged in remunerative work) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.
(4) In regulation 35(2)(b) (earnings of employed earners) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.
(5) In Schedule 1B (prescribed categories of person) after paragraph 14A there shall be inserted the following paragraph–
“Paternity Leave
14B (1) A person who is entitled to, and is taking, paternity leave and who satisfies either or both of the conditions set out in sub-paragraph (2).
(2) The conditions for the purposes of sub-paragraph (1) are–
(a) he is not entitled to statutory paternity pay by virtue of Part XIIZA of the Contributions and Benefits Act, or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;
(b) he is entitled to working families' tax credit, disabled person’s tax credit or housing benefit on the day before that leave begins.
(3) In this paragraph “remuneration” means payment of any kind.”.
(6) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)–
(a) in paragraph 4–
(i) for “Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternity pay under Part VI of the Order” there shall be substituted “Part XI of the Contributions and Benefits Act, statutory maternity pay under Part XII of that Act, statutory paternity pay under Part XIIZA of that Act, statutory adoption pay under Part XIIZB of that Act”;
(ii) after “unable to work due to illness or maternity” there shall be inserted “or who is taking paternity leave or adoption leave”;
(b) in paragraph 4A for “or statutory maternity pay under Part V of the Social Security Act 1986” there shall be substituted “, statutory maternity pay under Part 12 of the Social Security Contributions and Benefits Act 1992, statutory paternity pay under Part 12ZA of that Act or statutory adoption pay under Part 12ZB of that Act”.

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Source: https://www.legislation.gov.uk/nisr/2002/363/regulation/2 (the official version)
Page: https://openlegislation.uk/social-security-paternity-and-adoption-amendment-regulations-northern-ireland-2002/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.